The Supreme Court has fixed Monday, February 6, for judgment in the dispute between Senate President, Ahmad Lawan, and Bashir Sheriff Machina, over the authentic candidate of the All Progressives Congress (APC) for Yobe North Senatorial District.
A five-man panel of justices of the apex court led by Justice Chima Nweze on Wednesday adjourned the appeal for judgment after taking arguments from both parties.
The Federal High Court in Damaturu and the Court of Appeal both upheld the nomination of Machina as the candidate of the party, forcing the APC National Working Committee (NWC) to appeal to the Supreme Court.
APC had attempted to replace Machina with Lawan as its candidate for Yobe North after the senate president lost the presidential ticket to a former Lagos State Governor, Bola Tinubu.
The party submitted Lawan’s name to INEC, an action which made Machina to seek redress in court.
The high court held that the May 28, 2022, primary produced Machina and ordered the APC to forward his name to the INEC as its candidate.
The court held that the primary that was conducted by the APC on June 9, was invalid as it was not monitored by INEC, which was a gross violation of the Electoral Act.
Machina had at the high court contended that the attempt to replace him violated Section 84(14) of the Electoral Act, 2022; Article 21.3 of the APC constitution and Paragraphs 20 (c), 27 (c), (d) and (f) of the APC Guidelines for the Nomination of Candidates for the 2023 General Elections; the suit was not premature; and Section 223 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).